R. Todd Bennett, P.C.Houston Criminal Defense Attorney | DWI/DUI Defense Lawyer2024-03-12T19:12:15Zhttps://www.rtoddbennettpc.com/feed/atom/WordPressOn Behalf of R. Todd Bennett, P.C.https://www.rtoddbennettpc.com/?p=485682024-03-12T19:12:15Z2024-03-12T19:12:15Zemployee of theft, fraud, embezzlement or some other white-collar crime related to financial impropriety at work.
The result can be that an employee not only loses their job but also loses their freedom to a lengthy prison sentence.
Even if they manage to avoid prison, employees still may have to deal with hefty fines and restitution orders as well as probation. They also may wind up with a felony conviction on their records.
Employees who are accused of wrongdoing should know their options
A lot of behavior can make a person the target of a criminal investigation.
For example, an employee who does not correctly fill out a timesheet or who improperly submits a reimbursement request can draw the scrutiny of the authorities if the employer chooses to involve them.
Sometimes, the truth of the matter is that an employee made a mistake. These errors and judgment often happen when an employee is facing very difficult personal circumstances that can impact anybody.
Still, the best course of action may be to take responsibility for what the person actually did.
In other cases, though, what might seem criminal is really at worst an act of carelessness or a violation of internal workplace procedures but not the law.
Either way, if an Austin resident gets accused of mis-using their employer’s money, they should make sure they understand their legal options early on.]]>On Behalf of R. Todd Bennett, P.C.https://www.rtoddbennettpc.com/?p=485652024-02-28T16:23:50Z2024-02-28T16:23:50ZSouthern District of Texas, decides federal criminal cases in our area.
Likewise, often federal investigators take the lead when determining if someone broke federal law, and the local Office of the U.S. Attorney prosecutes the case.
There are many other important differences between a federal case and a criminal charge in a local state court.
Federal courts use different procedural rules than do the Texas courts. Even so, federal judges expect those that appear before them to follow these rules carefully.
Penalties for federal crimes tend to be stiffer than those imposed by the state courts. For example, convictions in federal court often carry mandatory minimum prison terms that would not apply in state court.
Likewise, how bond, probation, and parole work are very different in the federal system, and this can often lead to harsher results. For example, some people may find themselves detained without the possibility of a bond while waiting to resolve a federal charge.
The laws that federal authorities enforce are different from state laws and may be interpreted quite differently. The same holds true even for certain procedural rights a defendant has.
There are exceptions, but federal crimes tend to be more complicated and serious. For example, federal authorities investigate high-level drug offenses, complex white collar and fraud cases and environmental offenses.
Federal prosecutors and investigators have a reputation for being well-equipped, well-trained and extremely good at what they do. Federal prosecutors may draw a harder line on plea bargaining.
A person facing a federal criminal charge will want to know their options
Even a defense attorney with limited federal court experience can get tripped up and wind up making a serious mistake. A person facing a federal criminal charge will not want to go at it alone. They will need to understand their options thoroughly and know how to protect their rights in federal court.]]>On Behalf of R. Todd Bennett, P.C.https://www.rtoddbennettpc.com/?p=485642024-02-20T07:41:58Z2024-02-20T07:41:58ZStrategies you might be able to use in a DWI case
There are several ways to approach your drunk driving case. Here are a few defense strategies that you might be able to deploy to fight back against the prosecution and the harsh penalties that they’re threatening against you:
Challenging breath test accuracy: The police and prosecutors are going to act like their case is a slam dunk if they have breath test results showing that you were over the legal limit. But these test results are often erroneous. This is because law enforcement frequently stores these testing devices inappropriately, inadequately maintains and calibrates them, and errantly uses them during test administration. If you can show errors in any of these areas, then you might be able to successfully argue that the breath test results shouldn’t be used against you in court.
Arguing an illegal traffic stop: Many drunk driving arrests occur after a traffic stop. The police might claim that you were pulled over because you were weaving in your lane or for some other traffic violation, but they must have reasonable suspicion that you’ve committed a crime or probable cause that you’ve committed an infraction before they can justifiably pull you over. If they lacked justification when conducting your stop, then any subsequently gathered evidence is considered illegally obtained and can thus be blocked from being used against you.
Highlighting an officer’s lack of reliability: Police officer testimony can be damaging in your case. After all, these officers are trained to observe signs of intoxication. But you might be able to diminish the power of their testimony. You can do this by calling other witnesses to testify whose accounts of your behavior differ from the officer’s. It might be worth delving into the officer’s history, too, to see if their credibility has been drawn into question in the past.
Failure to read you your rights: If the police subjected you to custodial interrogation, then they should’ve informed you of your right to remain silent and your right to an attorney. If they didn’t, then any incriminating statements that you made were illegally obtained and can’t be used against you.
Build the best DWI defense under your circumstances
There are several other defense strategies that you might be able to use in your drunk driving case. You simply have to assess your options and choose those that give you the greatest advantage heading into plea negotiations and trial. With an aggressive gameplan on your side, you’ll hopefully be able to diminish the power of the prosecution’s case and achieve an outcome that protects your future.
]]>On Behalf of R. Todd Bennett, P.C.https://www.rtoddbennettpc.com/?p=485632024-02-12T18:20:42Z2024-02-14T18:17:58Zplain view” doctrine. What does this term refer to and what can you do if this doctrine has been invoked in your drug case?
Plain view doctrine explained
Let’s start with your rights – under the Fourth Amendment, you have the right to be free from unreasonable search and seizure. This means, in essence, that if you, your home, your vehicle – whatever it might be – is going to be searched as part of a criminal investigation, then law enforcement officials need to secure a warrant first.
The plain view doctrine, however, is an exception to that standard. In short, the doctrine, as developed under constitutional law, means that law enforcement officials are permitted to seize evidence of a crime if it is plainly visible to them in their interactions with suspects. Drug cases are probably the most common types of cases in which the plain view doctrine comes up.
However, just because law enforcement officials or prosecutors claim that evidence was seized under the plain view doctrine doesn’t mean that you don’t have options. All searches and seizures in criminal cases must be carefully scrutinized to make sure the defendant’s constitutional rights were not infringed upon.]]>On Behalf of R. Todd Bennett, P.C.https://www.rtoddbennettpc.com/?p=485622024-01-30T18:53:20Z2024-01-30T18:53:20ZYet, it raises questions about your self-defense legal rights. Specifically, the uncertainty arises regarding whether you must wait for that burglar to actually enter your home or if waiting until after entry is necessary under the Castle Doctrine in Texas.
The Castle Doctrine in Texas
The Castle Doctrine (Texas Penal Code, Sections 9.31, 9.32 and 9.33) empowers residents to use force, including deadly force, to protect themselves, their families and their property from intruders or attackers. Rooted in the belief that an individual’s home is their sanctuary, this doctrine eliminates the duty to retreat within the confines of one’s home, vehicle or workplace (their castles).
Use of force in self-defense
Texas Penal Code 9.32 permits the use of deadly force against another if there is a reasonable belief in its immediate necessity to prevent the other’s use or attempted use of unlawful deadly force or to thwart imminent violent crimes. Additional conditions apply, including the legal right to be present and the absence of provocation or engagement in criminal activity.
Use of force to defend property
Texas Penal Code 9.42 extends the right to use deadly force to prevent imminent commission of violent crimes against property, such as arson, burglary, robbery or criminal mischief during the nighttime. The additional conditions align with those in self-defense.
Do burglars need to be in my home to qualify for the castle defense?
Unfortunately, there is no one-size-fits-all answer. The key determinant in deciding whether shooting a burglar before entry is justified lies in the individual’s reasonable belief in the immediate necessity of deadly force to protect themselves or their property. If there is a credible threat of unlawful deadly force or imminent commission of specified violent crimes, shooting before entry may be deemed justifiable. However, the reasonableness of this belief hinges on the specific facts and circumstances.
Conclusion
While the Texas Castle Doctrine grants expansive rights for using force in self-defense and defense of property, the exercise of these rights depends on the reasonableness of the individual’s belief and the necessity of force. Navigating these legal nuances underscores the importance of informed decisions and legal guidance in the realm of self-defense shootings.]]>On Behalf of R. Todd Bennett, P.C.https://www.rtoddbennettpc.com/?p=485602024-01-04T20:19:51Z2024-01-03T20:18:24Zmisleading or deceptive information during the mortgage lending process, you can face serious legal consequences.
Mortgage fraud and penalties
There are several types of mortgage fraud. These include misrepresenting your income to qualify for a larger mortgage, providing false information to an appraiser so the property’s value will appear higher, and using a stolen identity to apply for a mortgage. If you submit false documents, like altered paystubs, bank records, or a fake employment history, it may appear in the lender’s verification process and alert them to potential mortgage fraud.
If you are convicted of mortgage fraud, you can face criminal penalties, which include fines that can vary depending on the offense and prison time. The court may also order you to pay restitution to any victims of the mortgage fraud, which is meant to compensate them for their financial losses.
Potential defenses
Because mortgage fraud includes the intent to deceive the mortgage lender, if you did not participate in fraudulent activities knowingly, that may be a defense. Also, if there were misrepresentations in the documents you presented to the lender, but they did not affect the lending decision, that may reduce the penalties you face.
If you were accused of mortgage fraud but another person committed the crime, you may be able to show mistaken identity. These are only some examples of defenses that may apply.]]>On Behalf of R. Todd Bennett, P.C.https://www.rtoddbennettpc.com/?p=485592023-12-28T11:46:13Z2023-12-28T11:46:13Zdomestic violence case, then you should use your anxiety as a motivating factor to build an aggressive criminal defense. But how do you go about defending against allegations of domestic violence? Let’s take a closer look.
Strategies for defending against domestic violence allegations
The specific approach you take to your domestic violence case is going to depend on the facts. That said, here are some of the most common and most successful defense strategies that you should consider deploying in your case:
Claim self-defense: You have a right to defend yourself when you believe that you’re at risk of imminent harm. Keep in mind, though, that if you want to avail yourself of this defense strategy, then you need to demonstrate that you weren’t an instigator in the event and that you only used the amount of force necessary to adequately protect yourself.
Argue that the event didn’t occur as presented: A lot of domestic violence cases are he-said, she-said situations. Therefore, you need the court to buy into your take on the events that occurred. One way to do this is to attack the victim’s credibility. You could do this by showing that the other party has made inconsistent statements over time or that they have a history of committing crimes that are tied to lying.
Present evidence that someone else caused the injuries: Even though the victim is blaming you, there’s a possibility that someone else was responsible. If that’s the case, then you need to gather evidence that paints a clear and accurate picture of what actually happened.
Argue that the prosecution has simply failed to meet its burden: Remember, the state has to prove its case beyond a reasonable doubt. That’s a high hurdle to clear. If the prosecution’s case is lacking in any fashion, then you might be able to argue that they’ve simply failed to present sufficient evidence to convict you.
Claim procedural errors: For the prosecution to bring charges against you, they’re going to need evidence. That evidence will be collected by law enforcement, which then begs the question of whether they’ve gathered that evidence legally. If the police failed to read you your rights before you made incriminating statements or if they improperly used an exception to the warrant requirement before searching your car or your home, then you might be able to block evidence from being used against you.
Don’t leave your domestic violence case to chance
You don’t want to experience the negative consequences associated with a criminal conviction. To avoid that outcome, you’ll have to gather and present a compelling criminal defense. That means gathering key physical evidence, talking to witnesses, understanding the law, and finding ways to attack the reliability of the state’s case.
If you haven’t been charged with a criminal offense before, then the process can be daunting and scary. But you don’t have to face your criminal charges alone. Instead, you can find support and advocates who are willing to help you stand up and fight for a just outcome.
]]>On Behalf of R. Todd Bennett, P.C.https://www.rtoddbennettpc.com/?p=485572023-12-27T19:49:54Z2023-12-19T19:37:00Za lengthy joint investigation involving the federal Drug Enforcement Administration, the Harris County Money Laundering Task Force, the Harris County Sheriff’s Office, and the Houston Police Department.
The investigation
The investigation focused on a house in the Cypress Creek Landing neighborhood in northwest Harris County. Police believed that the house was a “stash” location that was used by the suspects to store and manufacture drugs while they were being held for sale.
Police obtained a search warrant after conducting surveillance of the house for an entire day. Neighbors had told police that they saw cars visiting the house at all hours of the day and night. No cars have been seen at the house since the raid by law enforcement officers.
Investigators were able to identify suspects from the similarity of methods used to enter and burglarize the pharmacies. One or more suspects would break a window to gain entry, and the other members would then enter the building. suspects kept close to the floor to escape detection by motion monitors.
The results of the raid
According to news media that were covering the story, the raid netted $79,000 in cash, jewelry whose estimated value was $330,000, and various drugs such as fentanyl, methamphetamine, marijuana, mushrooms, and phencyclidine. Photos obtained by the media also showed several firearms and three pill pressing machines. The estimated value of the drugs found by investigators came to $1,500,000.
Criminal charges stemming from the raid include possession of Schedule Two through Five of controlled substances with intent to distribute, pharmacy burglary, and conspiracy to commit pharmacy burglary.]]>On Behalf of R. Todd Bennett, P.C.https://www.rtoddbennettpc.com/?p=485562023-12-07T05:57:17Z2023-12-07T05:57:17ZYou may wonder how to avoid getting into trouble.
Be polite and respectful
It may seem obvious, but the most important tip is to be polite and respectful to the police officers, always, and even when they are not being polite and respectful to you. This does not mean that you have to agree with everything they say or do, or that you have to give up your rights. It just means that you should avoid being rude, aggressive or confrontational.
Remember that the police are human beings too, and they are more likely to respond positively to someone who is calm and cooperative than someone who is hostile and defiant. Even if you are in the right, being rude, aggressive or confrontational can be a quick way to escalate a situation.
Manners matter
It may seem pedantic, but part of being polite and respectful also means using proper language and manners. In Texas, that means using, “sir” and “ma’am” when addressing a police officer, and saying, “thank you” after the police officer does something for you, like giving you directions or returning your documents.
Know your rights
The next tip is to know your rights because other than survival, the other goal is mitigation. With every police encounter, you want to mitigate the negative impact that encounter has on any subsequent case or charge against you, which usually means invoking your rights or at least, knowing your rights and when to use them.
The most important right you have is the right to remain silent. You do not have to answer questions related to a crime or a criminal investigation, but you do have to produce your driver’s license and insurance, if you were pulled over.
Your next most important right is the right to refuse consent to a search. Just because the police ask to search does not mean that you have to let them. Though, this does not mean you can physically stop them. If they choose to break the law, document it, make sure you clearly state you do not give consent, get as much information about the officers as you can and you file a case later.
Be careful what you say
Finally, be careful what you say when talking to Texas police officers. It is best to avoid saying anything to them because anything can be misconstrued into an admission of guilt or a sign of complicity. Plus, lies and excuses could get you into further trouble.
]]>On Behalf of R. Todd Bennett, P.C.https://www.rtoddbennettpc.com/?p=485552023-11-27T22:15:21Z2023-11-17T22:13:52Zrecently arrested and charged with five counts of healthcare fraud, one count of conspiracy to commit healthcare fraud and one count of unlawful distribution of a controlled substance.
How the alleged fraud scheme worked
The doctors, who run a Dallas based pain management clinic, are accused of allegedly sending false claims to their patients’ insurance companies and claiming they received more corticosteroid injections than they had.
Instead of performing the injections, the doctors allegedly placed the needle on patients’ skin but did not pierce it or gave smaller dosages of the injection to patients’ than they represented.
The allegedly false claims allowed the doctors to bill their patients’ insurance companies more money for the number of injections. The U.S. Attorney’s Office for the Northern District of Texas claims that the doctor’s billed the insurance companies over $50 million and received approximately $12 million.
These are major charges, since if convicted, each doctor could receive up to 40 years in prison and be forced to pay back any funds related to the alleged scheme.
Handling a fraud accusation
Professionals such as doctors suffer more than just the legal consequences if they are convicted of a fraud crime. They could lose their medical licenses and their reputations could be permanently destroyed.
This is why it is vital to act immediately if you are charged with a fraud crime. There are several potential fraud defenses that might be available to you. Perhaps you did not intend to defraud the alleged victim or you were threatened or coerced into participating in the fraud.
The prosecution’s actions can also be scrutinized to see if they engaged in any illegal conduct in their investigation or evidence gathering.
Knowing what defenses apply to your case requires a thorough evaluation of the situation.]]>